DROUpperOverflowParkingLotFinal2024Contract Documents.pdf

DURANGO-LA PLATA COUNTY AIRPORT

UPPER OVERFLOW PARKING LOT

RECONSTRUCTION

CITY OF DURANGO PROJECT NO.: 5064

Bidding Documents including:

CONTRACT DOCUMENTS

SPECIFICATIONS

Date: December 21, 2023

Prepared by

Short Elliott Hendrickson, Inc.

934 Main Ave., Unit C

Durango, CO 81301

12/21/23

Durango – La Plata County Airport Upper Overflow Parking Lot

Reconstruc�on

City Project No. 5064

CONTRACT DOCUMENTS TABLE OF CONTENTS

DESCRIPTION PAGE

DIVISION 1

Invitation for Bids ...................................................................................................................................... DIV1-1 Instructions to Bidders .............................................................................................................................. DIV1-5

DIVISION 2

Contract Proposal....................................................................................................................................... DIV2-1 Contractor Information ............................................................................................................................. DIV2-3 Subcontractor/Material Supplier List ....................................................................................................... DIV2-5 Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions ...........................DIV2-7 Contractor’s Statement of Qualifications................................................................................................. DIV2-9 Bid Proposal…............................................................................................................................................. DIV2-11

DIVISION 3

Contract Agreement ................................................................................................................................... DIV3-1 Payment Bond ............................................................................................................................................ DIV3-15 Performance Bond ..................................................................................................................................... DIV3-17 Notice of Award.......................................................................................................................................... DIV3-19 Notice to Proceed ....................................................................................................................................... DIV3-21 Notice of Contractor’s Settlement ............................................................................................................. DIV3-23

Appendix A Special Conditions

Geotechnical Pavement Design

Standard Specifications (Not attached) Colorado Department of Transportation Standard Specifications for Road & Bridge (CDOT)

Manual of Uniform Traffic Control Devices (MUTCD)

DIV 1 - 1 Contract Documents – Division I

Durango – La Plata County Airport

Rental Car Parking Lot Expansion

DIVISION 1

INVITATION FOR BIDS

DURANGO - LA PLATA COUNTY AIRPORT

Upper Overflow Parking Lot Reconstruction

Sealed bids, subject to the conditions contained herein, for improvements to the Durango – La Plata County

Airport Upper Overflow Parking Lot Reconstruction will be received by the City of Durango, Colorado, by and through the Grants/Contracts Division, until Tuesday, February 6th, 2024 at 3:00 pm (MT).

The City of Durango invites interested, qualified persons or firms, capable of providing the required services to submit bid for this project.

Services to be provided by the Contractor will include, but will not be limited to: demolition, earthwork, placing aggregate base course, placing asphalt pavement, installing concrete curb and pans, storm drainage improvements, installing lighting poles, bases and conductors, striping and signage.

DIV 1 - 2 Contract Documents – Division I

Contract Documents

The complete set of Specifications and Contract Documents can be downloaded from Rocky Mountain E-

Purchasing System (www.bidnetdirect.com/colorado), beginning on Wednesday, January 3rd, 2024

To view all plan holder documents (contract documents, plans and addendums) you must register on Rocky

Mountain E-Purchasing. There is an option for free registration. It is the plan holder’s responsibility to ensure they have all addenda prior to submission of bid. Failure to acknowledge receipt of any addenda applicable to this project could result in the rejection of your bid. It is the plan holder’s responsibility to ensure they have all addenda prior to submission of bid. Failure to acknowledge receipt of any addenda applicable to this project could result in the rejection of your bid.

Pre-Bid Meeting

There will be a non-mandatory Pre-Bid meeting for this project will be held on January 16th, 2024 at

10:00AM. (MT) located at 1000 Airport Rd, Durango, CO 81303.

Bid Conditions

The bidder is required to provide all information as required within the Contract Documents. The bidder is required to bid on all items of every schedule or as otherwise detailed in the Instructions to Bidders.

Bids may be held by the City of Durango for a period not to exceed 60 Calendar Days from the date of the bid opening for the purpose of evaluating bids prior to award of contract.

The right is reserved, as the City of Durango may require, to reject any and all bids and to waive any informality in the bids received.

During the solicitation process, any contact initiated by any Respondent with any City representative, other than the Purchasing Administrator listed herein, concerning this request for Invitation for Bid (IFB) is prohibited. Any such unauthorized contact may cause the disqualification of the Respondent from this procurement transaction. Questions which may arise as a result of this IFB may be directed to Bidnet’s site for public answering.

All questions regarding the bid are to be submitted via the Rocky Mountain E-Purchasing System, www.bidnetdirect.com/colorado prior to Thursday, January 25th, 2024 at 3:00 pm (MT). Questions received after the stated deadline may not be accepted. Final addendum (if needed) will be posted by

Tuesday, January 30th, 2024 at 3:00 pm (MT).

Bid Bond

Guarantee will be required with each bid as a Bid Bond in the amount of five (5) % of the total amount of the bid.

Performance & Payment Bond

The successful bidder will be required to furnish separate performance and payment bonds each in an amount equal to 100% of the contract price.

Airport and Airway Improvement Act of 1982 as Amended

Not applicable on this project.

DIV 1 - 3 Contract Documents – Division I

Title VI Solicitation Notice:

The City of Durango, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, select disadvantaged business enterprises or airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

DIV 1 - 4 Contract Documents – Division I

PAGE INTENTIONALLY LEFT BLANK

DIV 1 - 5 Contract Documents – Division I

1) INSTRUCTIONS TO BIDDERS

Hereinafter in these Contract Documents including these Instructions to Bidders, Sponsor/Owner refers to

City of Durango and Engineer refers to SEH.

1. Submission of Bids

a. Division 2 of the Contract Documents shall be completed and submitted in its entirety, in order for the bid to be considered responsive.

b. Qualifications shall be furnished as described in the General Provisions, Section 20, with the bid proposal.

c. Bids are to be submitted via Rocky Mountain E-Purchasing System, www.bidnetdirect.com/colorado.

d. Date/Time: Bids shall be received on or before: Tuesday, February 6th, 2024 at 3:00 pm

(MT), via Rocky Mountain E-Purchasing www.bidnetdirect.com/colorado.

e. Bidding documents must be downloaded from Rocky Mountain E-Purchasing

(www.bidnetdirect.com/colorado). Bidders must register on the site but there is an option for free registration.

f. Bid Bond is required at time of bid

g. The City reserves the right to reject any and all responses, to waive any informalities or irregularities therein, and to accept the proposal that, in the opinion of the City, is in the best interest of the City of Durango and Durango La Plata County Airport.

2. Site Visits

A single site visit will be accommodated by the airport right after the Pre-Bid Meeting on Tuesday, January 16th, 2024.

3. Late Bids/Late Modifications of Bids

Bids received as designated under Item 1.d above, after the exact time set for opening are considered "late bids” and will not be accepted. Bidders are solely responsible for ensuring their bids arrive on time and to the place of bids specified in the Invitation for Bid. Late proposals will not be considered.

4. Mistakes in Bids - Confirmation of Bid

When it appears from a review of the bid that a mistake has been made, the bidder may be requested to confirm their bid. Situations in which the confirmation may be requested include obvious, apparent errors on the face of the bid or a bid unreasonably lower than the other bids submitted (at the determination of the Sponsor). All mistakes in bids will be handled in accordance with the City of Durango Purchasing policy.

5. Minor Informalities/Irregularities in Bids

a. A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is considered immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the services being acquired.

b. If the Owner determines that the bid submitted contains a minor informality or irregularity, then the Owner shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid, or waive the deficiency, whichever is to the advantage of the

DIV 1 - 6 Contract Documents – Division I

Owner. In no event will the bidder be allowed to change the bid amount. Examples of minor informalities or irregularities include but are not limited to the following:

(1) Bidder fails to sign the Bid, but only if the unsigned bid is accompanied by other material evidence, which indicates the bidder's intention to be bound by the unsigned bid. (Such as

Bid Bond, or signed cover letter which references the bid and amount of bid).

6. Rejection of Bids

Any bid that fails to conform to the essential requirements of the invitation for bids will be rejected.

1) Any bid that does not conform to the applicable specifications shall be rejected unless the invitation authorizes the submission of alternate bids and the items or services offered as alternates meet the requirements specified in the invitation for bids.

2) A bid shall be rejected when the bidder imposes conditions that would modify requirements of the invitation or limit the bidder's liability to the Owner, since to allow the bidder to impose such conditions would be prejudicial to other bidders. For example, bids shall be rejected in which the bidder:

(1) Protects against future changes in conditions, such as increased costs, if total possible costs to the Owner cannot be determined.

(2) Fails to state a price and indicates that price shall be "price in effect at time of delivery".

(3) States a price but qualifies it as being subject to "price in effect at time of delivery".

(4) Takes exceptions to the invitation for bids terms and conditions.

(5) Inserts the bidder's terms and conditions.

(6) Limits the rights of the Owner under any contract/invitation for bid clause.

7. Estimated Quantities

If the Bid schedule herein contains estimated quantities, this provision is applicable. The quantities listed for each of the items in the bid schedule are only estimated quantities. Contractors are required to bid a firm unit cost for each item specified. The actual quantities ordered may fluctuate up or down. The unit prices proposed by each bidder will remain firm and will not be re-negotiated if the estimated quantities are not met or are exceeded. For bidding purposes, if there is a conflict between the extended total of an item and the Unit Price, the Unit Price shall prevail and be considered as the amount of the bid.

8. Number of Copies

Bidder shall submit one (1) scanned copy of its bid, signed in ink, and, one (1) scanned original copy of the

Bid Bond as defined under Items 1.f. and 10. Bidder shall submit one (1) electronic version of the submittal shall be delivered via Rocky Mountain E-Purchasing System, www.bidnetdirect.com/colorado. All electronic copies shall be submitted as a single PDF file, labeled with the name of the firm.

9. Identification of Bid

Bids must be submitted via Rocky Mountain E-Purchasing www.bidnetdirect.com/colorado for improvements to the Durango - La Plata County Airport, Durango, Colorado, City Project No. 5064.

To be opened Tuesday, February 6th, 2024 at 3:00 pm (MT).

DIV 1 - 7 Contract Documents – Division I

10. Bid Bond Requirements

A Bid Bond is required in the amount of five (5) % of the total amount of bid (all bid schedules combined).

This Bid Bond must meet the conditions specified under Item 19 Bond Requirements. The bond must be submitted at the time of bid.

11. Preparation of Bid Offer

a. Bidders are expected to examine the drawings, specifications, bid documents, proposed contract forms, terms and conditions, and all other instructions and solicitation documents. Bidders are expected to visit the job-site to determine all requirements and conditions that will affect the work.

Failure to do so will not relieve a bidder from responsibility to know what is contained in this invitation for bid, or site conditions affecting the work.

b. The bidder certifies that it has checked all of its figures and understands that the Owner will not be responsible for any errors or omissions on the part of the bidders in preparing its bid.

c. All items, (unless the invitation specifically states otherwise) including any additive or deductive alternates on the bid schedule, must be completely filled out or the bid will be determined non-responsive and ineligible for consideration for award.

d. The bidder declares that the person or persons signing this bid is/are authorized to sign on behalf of the firm listed and to fully bind the bidder to all the requirements of the solicitation.

e. The bidder certifies that no person or firm other than the bidder or as otherwise indicated has any interest whatsoever in this bid/offer or the contract that may be entered into as a result of this bid/offer and that in all respects the offer is legal and firm, submitted in good faith without collusion or fraud.

f. By submitting a bid, the bidder certifies that it has complied and will comply with all requirements of local, state, and federal laws, and that no legal requirements have been or will be violated in making or accepting this bid.

g. If there is a discrepancy between the unit price and the total price, the unit price shall be used to determine the applicable total.

12. Basis of Award

The Owner intends to award a contract resulting from this solicitation to the lowest, responsive, responsible bidder, whose offer, conforming to the solicitation, will be most advantageous to, and in the best interest of, the Owner, cost or price and other factors considered.

a. In addition to other factors, bid offers will be evaluated on the basis of advantages and disadvantages to the Owner that might result from offers received.

b. The Owner reserves the right to reject any or all proposals and to waive informalities and/or irregularities in the bid offer.

c. Total bid will be evaluated and awarded as follows: It is the Owner’s intent to award this bid based on the TOTAL BID.

d. The Owner will determine which Schedules and/or Bid Alternates will be awarded based on the received bid prices and available funding. The project award will be based on the low bid sum of the Bid Schedules and Bid Alternates awarded by the Owner. Not all Schedules and/or Bid

Alternates may be awarded. A combination of Schedules and Bid Alternates may be awarded, including only a single Schedule. The numbering of the Schedules or Bid Alternates does not

DIV 1 - 8 Contract Documents – Division I necessarily indicate the order of award. The project award is contingent on the availability of funding.

13. Period of Acceptance

The bidder agrees that its bid offer shall remain open for acceptance by the Owner for a period of

60 Calendar Days from and including the date specified in the solicitation for receipt of bids.

14. Contract Award

Within 30 Calendar Days from grant execution, the City will execute a contract with the successful bidder. At that time, the bidder shall furnish a project specific Certificate of Insurance naming the Owner as Additional Insured, furnish Performance and Payment Bonds and any other documents required by the

Contract Documents.

15. Notice to Proceed

Work may not start under any awarded contract until a written Notice to Proceed is issued by the Owner.

The Owner may issue the Notice to Proceed any time after the contract is signed and, if required, insurance and bonds have been provided in accordance with Item 19 below.

Although the acceptance period allows for the project to be awarded within 60 Calendar Days from the date specified in the solicitation for receipt of bids, construction for this project is expected to start between

May 15th to June 1st, 2024.

16. Amendments to the Solicitation

a. If this solicitation is amended, then all specifications, terms and conditions, which are not amended, remain unchanged.

b. Bidders shall acknowledge receipt of any addendum to this solicitation (1) by signing and returning the amendment, or (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid offer.

c. Acknowledged addendums must be received prior to bid opening. Bidders are encouraged to include signed addenda or initialed acknowledgement with returned bids.

17. Explanations to Prospective Bidders

Each bidder, before submitting his/her bid, shall become fully informed as to the extent and character of work required. Any prospective bidder desiring an explanation or interpretation of the solicitation documents, drawings, specifications, etc., must request it in writing prior to stated question deadline. Oral explanations or instructions given before the opening of bids will not be binding. Any information provided to a prospective bidder during the bid preparation stage will be promptly furnished to all other prospective bidders as an addendum to the solicitation if that information is necessary in submitting bid offers or if the lack of it would be prejudicial to other prospective bidders.

18. Questions and Other Requests for Information

All questions must be submitted in writing via Rocky Mountain E-Purchasing System, www.bidnetdirect.com/colorado. Questions received after deadline may not be accepted.

Question Deadline: Thursday, January 25th, 2024, before 3:00 pm (MT).

DIV 1 - 9 Contract Documents – Division I

19. Bond Requirements

a. Bid (offer) Bond

(1) The bidder is required to furnish a Bid Bond in the form of a surety Bid Bond acceptable to the Contracting Officer in the sum equal to at least 5% of the total amount of the Proposal

(all bid schedules combined) payable without condition to the City of Durango.

(2) The Bid Bond shall guarantee that the bid will not be withdrawn or modified after the time set for the receipt of bid offers, and if accepted, that the person, firm or corporation submitting same shall within 15 Calendar Days after being notified of the acceptance of its bid offer, enter into a contract and shall, within said time, furnish the required bonds and all insurance certificates called for under this invitation for bid.

(3) In the event the bidder whose bid offer is accepted fails to enter into the contract and/or furnish the proper bonds, its surety Bid Bond will be forfeited in full to the Owner.

b. Performance, Labor and Materials Payment, and Maintenance Bonds

c. Bonds shall:

(1) Be for the full amount of the contract price;

(2) 5% of the total bid

(3) Guarantee the Contractor's faithful performance of the work under this contract, and the prompt and full payment for all labor and materials involved therein;

(4) Guarantee protection to the Owner against liens of any kind;

(5) Be, when a surety bond is furnished, from a surety company operating lawfully in the State of Colorado and shall be accompanied with an acceptable "Power-of-Attorney" form attached to each bond copy.

(6) Be issued from a surety company that is acceptable to the Owner; and

(7) Be submitted using the forms in Division 3 of this solicitation.

20. Specifications and Drawings

Upon award of the contract, the Owner will be responsible for furnishing the selected contractor a minimum of five (5) sets of both the specifications and drawings. If additional sets are required, the Successful

Contractor shall be responsible for the cost of printing from Engineer-supplied digital files.

21. Type of Contract

It is the intent of this Invitation for Bids to award a firm fixed price contract based on the prices offered by the lowest responsive and responsible bidder. Contract prices shall remain firm and fixed throughout the contract performance period.

22. Bid Results

Once the City has had the opportunity to thoroughly evaluate the bids, the Bid Result Tabulation will be uploaded to and available from Rocky Mountain E-Purchasing (www.bidnetdirect.com).

DIV 1 - 10 Contract Documents – Division I

23. Terms, Conditions and Special Provisions

Bidders are advised to pay special attention to the General Provisions of the Contract Documents. These sections may contain requirements that will have an impact on all potential bidders, such as Liquidated

Damages, Indemnification, type of contract, and delivery schedule.

DIV 2 - 1 Contract Documents – Division II

1) CONTRACT PROPOSAL

DIVISION 2

TO: Durango – La Plata County Airport

Durango, Colorado

1. The undersigned hereby certifies that they have examined the form of contract, plans and specifications and other associated Contract Documents for the improvement of Durango – La Plata County Airport, City Project No. 5064. The undersigned further certifies that he/she has examined the site of the work, has determined for himself/herself the conditions affecting the work and subject to acceptance of the proposal, agrees to provide at his or her expense, all labor , insurance, superintendence, machinery, plant, equipment, tools, apparatus, appliances, and means of construction, and all materials and supplies complete the entire work, including work incidental thereto, in conformance with the plans, specifications, and associated Contract Documents.

2. The undersigned acknowledges that the Contract Documents consist of the Invitation for Bid, Instruction to Bidders, all issued Addenda, Proposal, Statement of Qualifications, Anticipated Sub-

Contracts, Form of Proposal Guaranty, Notice of Award, Contract Agreement, Performance & Payment

Bonds, Notice to Proceed, Notice of Contractor’s Settlement, General Provisions, Site Plan Exhibit, Material Specifications, and attached appendices and referenced documents.

3. SPECIAL NOTE TO BIDDERS REGARDING INPUT OF UNIT PRICES: Unit prices for the same materials across all bid schedules must be the same. If there is a “ – “ sign in the Quantities, the negative cost must be inputted in the “Amount” column within the Bid Schedule and be calculated as a deduction within the overall bid schedule.

4. The undersigned, in compliance with your Invitation for Bids dated January 3rd, 2024, hereby proposes to do the work called for in said contract and specifications and shown on said plans and to furnish all materials, tools, labor, and all appliances and appurtenances necessary for the said work at the following at the following rates and prices:

Bid Schedule begins on page DIV 2-11.

TOTAL BID

TOTAL BID IN WORDS

5. The undersigned understands that the above quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating the bids.

6. The undersigned agree upon written notice of the acceptance of this bid, that within 15

Calendar Days after the award, that he/she will execute the contract in accordance with the bid as accepted and give contract (Performance and Payment) bonds on attached forms.

7. The undersigned further agrees that if awarded the contract, he/she will commence the work within 10

Calendar Days after the receipt of a Notice to Proceed and that he/she will substantially complete the work within 21 Calendar Days. No work may be done when the temperature is below 40 degrees

Fahrenheit, except at the discretion of the Engineer. An extension of time may be allowed when extra or additional work is ordered by the engineer. Liquidated damages in the amount identified in Division

3, Part 6 shall be paid to the City of Durango for that time which exceeds the number of calendar day(s)

DIV 2 - 2 Contract Documents – Division II allowed in this paragraph. In addition, compensation for expenses incurred for unscheduled employment of the Engineer, the construction manager, and each additional resident engineer plus any incurred expenses (per diem, lodging, etc.) will be charged to the Contractor for that time which exceeds the number of calendar day(s) identified in the Contract Documents.

8. As an evidence of good faith in submitting this proposal, the undersigned encloses a Bid Bond in the amount of dollars ($ ) which, in case the undersigned refuses or fails to accept an award and to enter into a contract and file the required bonds within the prescribed time, shall be forfeited to the City of Durango, Durango, Colorado, as liquidated damages.

9. The undersigned hereby declares that the only parties interested in this proposal are named herein, that this proposal is made without collusion with any other person, or corporation. That no member of the council, officer or agent of City of Durango, is directly or indirectly financially interested in this bid.

10. The undersigned acknowledges receipt of the following Addendums:

Addendum No. Date Received

SIGNATURE OF BIDDER:

By Name and Title of Authorized Agent

Name of Company

Address of Company

DIV 2 - 3 Contract Documents – Division II

2) CONTRACTOR INFORMATION

1. Name of Bidder/Contractor:

2. Type of Business Entity:

NOTE: If bidder is partnership or joint venture, give full names of all partners or joint ventures.

Bid must be signed by all Joint Ventures. If bidder is a limited liability company, bid must be signed by an authorized manager (may be signed by member-manager if LLC is organized to allow management by members).

3. Address of Contractor:

4. Telephone: Fax:

E-mail:

5. Established where and when:

6. Contractor’s Banking Information:

7. Principal Officers of Contractor (managers and members if LLC):

Name: Name:

Title: Title:

8. Bidder’s/Contractor’s state of incorporation (state of organization if an LLC or Partnership):

9. Bidder’s Surety:

10. Surety’s State of Incorporation:

DIV 2 - 4 Contract Documents – Division II

11. Name and Address of person to receive payment:

12. If the Bidder/Contractor is a Joint Venture, it shall attach a certified copy of the Joint Venture

Agreement. The Joint Venture Agreement will not be included as part of the Contract Documents.

13. The Bidder/Contractor shall identify all applicable labor agreements (if any) to be used in the performance of the work:

Upper Overflow Parking Lot Expansion

DIV 2 - 5 Contract Documents – Division II

3) SUBCONTRACTOR/MATERIAL SUPPLIER LIST

The bidder shall provide information on all subcontractors/material suppliers bidding or quoting on subcontracts for this project.

Name of Firm

Address

Type of Work to be Performed on Contract

Licensed in

State

Yes No

Contractors

License # Class

Certified

DBE

Yes No

Certification

Number

Bid

Amount

Date Firm

Established

*GRS

*GRS - Annual Gross Receipts

Enter 1 for less than $1 million

Enter 2 for more than $1 million but less than $5 million

Enter 3 for more than $5 million but less than $10 million

Enter 4 for more than $10 million but less than $15 million

Enter 5 for more than $15 million

DIV 2 - 6 Contract Documents – Division II

DIV 2 - 7 Contract Documents – Division II

4) CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY

AND FELONY CONVICTIONS

The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (�) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications

1) The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

2) The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note

If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District

Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions

Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

DIV 2 - 8 Contract Documents – Division II

DIV 2 - 9 Contract Documents – Division II

5) CONTRACTOR’S STATEMENT OF QUALIFICATIONS

Qualifications shall be furnished as described in the General Provisions, Section 20, with the bid proposal.

DIV 2 - 10 Contract Documents – Division II

DIV 2 - 11 Contract Documents – Division II

6) BID PROPOSAL

CONTRACTOR NAME:

DURANGO LA PLATA COUNTY AIRPORT

UPPER OVERFLOW PARKING LOT EXPANSION

LINE

NO. DESCRIPTION

APPROX.

QTY UNIT

UNIT

PRICE AMOUNT

GENERAL

Mobilization/General

Conditions at the unit price of ____________________

___________dollars and _________ cents.

1 LS

2 Clearing and Grubbing at the unit price of ____________________

___________dollars and _________ cents.

1 LS

3 Construction Surveying at the unit price of ____________________

___________dollars and _________ cents.

1 LS

4 Record Drawings at the unit price of ____________________

___________dollars and _________ cents.

1 LS

5 Quality Control / Testing at the unit price of ____________________

___________dollars and _________ cents.

1 LS

Storm Water Management

(Pre-Construction and During

Construction) at the unit price of ____________________

___________dollars and _________ cents.

1 LS

Subtotal Amount of Items 1 Thru 6 Inclusive (General)

DIV 2 - 12 Contract Documents – Division II

LINE

NO. DESCRIPTION

APPROX.

QTY UNIT

UNIT

PRICE AMOUNT

UPPER OVERFLOW PARKING LOT EXPANSION

7 Excavation at the unit price of ____________________

___________dollars and _________ cents.

2340 CY

8 Embankment at the unit price of ____________________

___________dollars and _________ cents.

305 CY

9 Asphalt Removal at the unit price of ____________________

___________dollars and _________ cents.

360 SY

10 Removal of Culverts at the unit price of ____________________

___________dollars and _________ cents.

2 EA

11 Removal of Light Poles at the unit price of ____________________

___________dollars and _________ cents.

2 EA

Asphalt Paving (HMA) (4-in thick) at the unit price of ____________________

___________dollars and _________ cents.

8750 SY

13a Aggregate Base Course (CDOT

Class 6) (4-in thick) at the unit price of ____________________

___________dollars and _________ cents.

9167 SY

13b Aggregate Base Course (CDOT

Class 2)/Millings (6-in thick) at the unit price of ____________________

___________dollars and _________ cents.

9167 SY

Subtotal Amount of Items 7 Thru 13b Inclusive (Upper Overflow Parking Lot Expansion)

DIV 2 - 13 Contract Documents – Division II

LINE

NO. DESCRIPTION

APPROX.

QTY UNIT

UNIT

PRICE AMOUNT

UPPER OVERFLOW PARKING LOT EXPANSION

14 3-FT Concrete Pan at the unit price of ____________________

___________dollars and _________ cents. 448 LF

15 Curb and Gutter at the unit price of ____________________

___________dollars and _________ cents. 1396 LF

Pavement Marking paint

(Waterborne) at the unit price of ____________________

___________dollars and _________ cents. 1880 SF

17 Removal of Fence at the unit price of ____________________

___________dollars and _________ cents. 727 LF

18 Fencing at the unit price of ____________________

___________dollars and _________ cents. 793 LF

Remove and Relocate Double

Swing Gate at the unit price of ____________________

___________dollars and _________ cents. 1 EA

20a Signage (Tubular Steel

Support) at the unit price of ____________________

___________dollars and _________ cents. 2 EA

20b Signage (Light Pole Mounted) at the unit price of ____________________

___________dollars and _________ cents. 11 EA

Subtotal Amount of Items 14 Thru 20b Inclusive (Upper Overflow Parking Lot Expansion)

DIV 2 - 14 Contract Documents – Division II

LINE

NO. DESCRIPTION

APPROX.

QTY UNIT

UNIT

PRICE AMOUNT

UPPER OVERFLOW PARKING LOT EXPANSION

21a Lighting Unit Type 1 at the unit price of ____________________

___________dollars and _________ cents. 3 EA

21b Lighting Unit Type 2 at the unit price of ____________________

___________dollars and _________ cents. 3 EA

21c Lighting Unit Type 3 at the unit price of ____________________

___________dollars and _________ cents. 1 EA

21d Light Foundation Design

Special at the unit price of ____________________

___________dollars and _________ cents. 7 EA

22a 2” Non-Metallic Conduit at the unit price of ____________________

___________dollars and _________ cents. 1013 LF

22b Underground Wire 1/C 6 AWG at the unit price of ____________________

___________dollars and _________ cents. 3522 LF

23 Native Seeding at the unit price of ____________________

___________dollars and _________ cents. 2080 SY

24 Topsoil at the unit price of ____________________

___________dollars and _________ cents. 595 CY

Subtotal Amount of Items 21a Thru 24 Inclusive (Upper Overflow Parking Lot Expansion)

DIV 2 - 15 Contract Documents – Division II

LINE

NO. DESCRIPTION

APPROX.

QTY UNIT

UNIT

PRICE AMOUNT

CREDIT CARD LOT EXISTING ADA IMPROVEMENTS

25 Removal of Existing Concrete at the unit price of ____________________

___________dollars and _________ cents. 896 SF

26 Removal of Curb and Gutter at the unit price of ____________________

___________dollars and _________ cents. 138 LF

9 Asphalt Removal at the unit price of ____________________

___________dollars and _________ cents. 16 LF

7 Excavation at the unit price of ____________________

___________dollars and _________ cents. 60 CY

27 Concrete Sidewalk at the unit price of ____________________

___________dollars and _________ cents. 896 SF

28 Variable Height Curb at the unit price of ____________________

___________dollars and _________ cents. 138 LF

Asphalt Paving (HMA) (4-in thick) at the unit price of ____________________

___________dollars and _________ cents. 16 SY

13a Aggregate Base Course (CDOT

Class 6) (4-in thick) at the unit price of ____________________

___________dollars and _________ cents. 48 SY

Subtotal Amount of Items 25 Thru 13a Inclusive (Credit Card Lot Existing ADA Improvements)

DIV 2 - 16 Contract Documents – Division II

LINE

NO. DESCRIPTION

APPROX.

QTY UNIT

UNIT

PRICE AMOUNT

CREDIT CARD LOT EXISTING ADA IMPROVEMENTS

13b Aggregate Base Course (CDOT

Class 2) (6-in thick) at the unit price of ____________________

___________dollars and _________ cents. 48 SY

15 Curb and Gutter at the unit price of ____________________

___________dollars and _________ cents. 138 LF

29 Concrete Wheel Stop at the unit price of ____________________

___________dollars and _________ cents. 12 EA

Pavement Marking paint

(Waterborne) at the unit price of ____________________

___________dollars and _________ cents. 310 SF

20a Signage (Tubular Steel

Support) at the unit price of ____________________

___________dollars and _________ cents. 12 EA

Subtotal Amount of Items 13b Thru 20a Inclusive (Credit Card Lot Existing ADA Improvements)

Grand Total Amount of Items 1 Thru 30 Inclusive

/100 Dollars

Written Words:____________________________________________________________________________________________________________________

DIV 2 - 17 Contract Documents – Division II

LINE

NO. DESCRIPTION

APPROX.

QTY UNIT

UNIT

PRICE AMOUNT

ADD ALTERNATE #1

30 Cobble Landscape Cover at the unit price of ____________________

___________dollars and _________ cents.

2080 SY

Subtotal Amount of Items 31 Thru 31 Inclusive

NOTE TO BIDDERS: All unit prices and bid totals of extended prices include all applicable taxes, delivery, and freight charges. Bidders are required to fill in all blank spaces with an entry. Bids submitted with blank spaces shall be considered “non-responsive.”

Durango – La Plata County Airport Upper

Overflow Parking Lot Reconstruction

DIV 3 - 1 Contract Documents – Division III

949 E 2nd AVENUE

DURANGO CO 81301

AGREEMENT

STANDARD FORM OF AGREEMENT

BETWEEN

CITY AND CONTRACTOR

FOR

CONSTRUCTION SERVICES

Made as of the day of in the year 2024

BETWEEN the City: City of Durango

949 E 2nd Avenue

Durango CO 81301

And the Contractor:

For the following Project: Upper Overflow Parking Lot Expansion

DIV 3 - 2 Contract Documents – Division III

DIV 3 - 3 Contract Documents – Division III

PART 1

1. SECTIONS 1-3 CONTRACT DOCUMENTS

1.1 The Contract Documents consist of the following:

(a) This Agreement;

(b) The Invitation for Bids, and all addenda and attachments;

(c) The Contractor’s Bid;

(d) Information for Bidders, if applicable

(e) General Conditions/Provisions and Standard Specifications, if applicable;

(f) Special Provisions;

(g) Other documents, plans, or drawings listed in the Invitation for Bids;

(h) Notice of Award, and a copy of the E-Verify certificate, as required in the bid documents;

(i) Acceptance of Notice of Award;

(j) Notice to Proceed;

(k) Change Orders, and

(l) Modifications issued after execution of the Agreement

1.2 All of the above-listed Contract Documents are incorporated by reference as though set forth in full herein, whether or not attached hereto, and shall form an integral part of this Agreement. If there is any conflict between this Agreement and the other Contract Documents, the specifications, terms and conditions indicated in the Invitation for Bids, Request for Proposals, or Request for

Professional Services shall control.

1.3 The Contract Documents represent the entire and integrated agreement between the parties hereto and supersede any and all prior negotiations, representations or agreements, either written or oral.

Except as provided herein, this Contract may not be modified or amended except by written agreement signed by the parties.

1.4 The Agreement is this executed Standard Form of Agreement between City and Contractor.

PART 2

2. CONTRACT SUM

2.1 The City shall pay the Contractor, in current funds, for the Contractor’s performance of the Contract in the total lump sum amount of $ , subject to additions and deductions as provided in the Contract Documents.

2.2 Based upon Invoices submitted by the Contractor, the City shall make payments to the Contractor for actual work performed. Invoices shall indicate a description of the work performed and percentage completion, as specified in the Contract Documents. All payments shall be paid no later than thirty (30) days from the receipt of invoice.

DIV 3 - 4 Contract Documents – Division III

2.3 Retainage. The amount to be retained from payments shall be five (5) percent of the value of the completed work, exclusive of payments for materials on hand, but not greater than two- point five

(2.5) percent of the amount of the contract. When the retainage has reached two-point five (2.5) percent of the amount of the contract, no further retainage will be made, and this amount will be retained until such time as final payment is made. If applicable, the Contractor shall make payments to its subcontractors in accordance with C.R.S. Section 24-91-103.

2.4 The appropriated funds for this project are equal to or exceed the amount of the contract stated in

Paragraph 4. Pursuant to C.R.S. § 24-91-103.6(2), any change order or change directive requiring additional compensable work to be performed which work causes the aggregate amount available under the contract to exceed the amount appropriated for the original contract shall be agreed to in writing, signed by both parties and shall assure that the City has made lawful appropriations to cover the costs of the additional work. Any change order or directive made by the City requiring additional compensable work to be performed shall be performed at the hourly rates and/or unit pricing set forth in the contractor’s bid and shall be reimbursed at the contractor's costs on a monthly basis for all additional directed work performed until a change order is finalized. However, in no instance shall the periodic reimbursement be required before the contractor has submitted an estimate of cost to the City for the additional compensable work to be performed.

PART 3

3. SCOPE OF SERVICES

3.1 The Contractor shall execute the entire Scope of Services described in the Bid Documents dated

, any Addenda issued, and the Contractor’s Bid, submitted on , except to the extent specifically indicated in the Contract Documents to be the responsibility of others.

PART 4

4. CITY’S RESPONSIBILITIES

4.1 The City shall provide full information regarding requirements for Work to be performed.

4.2 The City shall designate, when necessary, a representative authorized to act in the City’s behalf with respect to the Project or Project Documents.

4.3 The City shall furnish required information as expeditiously as necessary for the orderly progress of the Work, and the Contractor shall be entitled to rely upon the accuracy and completeness thereof.

PART 5

5. DATE OF COMMENCEMENT

5.1 The date of commencement is the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the

City.

DIV 3 - 5 Contract Documents – Division III

PART 6

6. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

6.1 The date of beginning and the time for completion of the work are essential conditions of the Contract

Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed.

6.2 The Contractor will proceed with the work at such a rate or progress to insure full completion within the Contract time. It is expressly understood and agreed, by and between the Contractor and the

Contracting Agency, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

6.3 Should the Contractor fail to complete the work within the Contract time or extension of time granted by the Contracting Agency, the Contractor shall pay the Contracting Agency the amount of liquidated damages specified in the Bid or $1,500 per day if not specified in the Bid for each calendar day the

Contractor may be in default of the time stipulated in the Contract Documents.

6.3.1 The Contractor shall not be charged with liquidated damages provided the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Contracting Agency or Engineer.

6.3.1.1 To any preference, priority or allocation order duly assigned by the Contracting

Agency.

6.3.1.2 To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of omission of the Contracting Agency, floods, epidemics, quarantine restrictions, strikes, material or fuel shortages due to governmental regulations or allocations, freight embargoes and abnormal or unusually severe weather.

6.3.1.3 Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time fixed for its completion may have been extended, will in no way operate as a waiver on the part of the Contracting Agency of any of its rights under the Contract.

PART 7

7. FINAL INSPECTION AND FINAL PAYMENT

7.1 Final Inspection. The Contractor shall notify the City when the Work is complete and ready for final inspection by means of a letter of completion. Within ten (10) working days thereafter, the

City shall make a final inspection to determine whether the Work has been completed in accordance with the Contract Documents and shall submit a written list of any defects to the Contractor. The

Contractor shall promptly correct any defects without additional cost to the City within ten (10) working days after receipt of the list of defects. If any defects cannot be corrected within ten (10) working days, the Contractor shall initiate corrective measures within said period of ten (10) working days, and shall thereafter pursue correction of such defects promptly and with due diligence. The Contractor shall also deliver to the City all guarantees and warranties, all statements to support state sales and use tax refunds, final plan set, record sets, as-constructed plans, geotechnical reports, documentations and calculations, approved shop drawings, and material testing records as a complete package. The Contractor shall provide the City with a letter of approval

DIV 3 - 6 Contract Documents – Division III for contract closure from any surety furnishing bonds for the Work provided on AIA Form G707

(Consent of Surety Letter).

7.2 Final Acceptance and Final Payment. If the Contractor has completed the Work in a manner finally acceptable to the City (“Final Acceptance”), the City may authorize final payment (“Final

Payment”) from the Retained Amount upon written request by invoice of the Contractor and completion of the following conditions:

(a) The City shall determine that satisfactory and substantial reasons exist for the Final

Payment;

(b) The City shall require written approval from any surety furnishing bonds for the Work;

(c) The City may require the Contractor to provide evidence that payment has been made to all subcontractors, consultants, and suppliers;

(d) A notice of contractor’s settlement shall have been published in accordance with C.R.S.

§38-26-107.

PART 8

8. SECTION I-4 CITY’S RIGHT TO STOP THE WORK

8.1 If the Contractor fails to correct defective Work or fails to carry out the Work in accordance with the

Contract Documents, the City, by a written order, may order the Contractor to stop the Work or any portion thereof, until the cause for such order has been eliminated.

8.2 The City may order the Contractor in writing to suspend all or any part of the Work for such period of time as the City may determine to be appropriate for the City’s convenience.

8.3 Upon receipt of any such suspension order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize incurring costs allocable to the Work covered by the order during the period of Work suspension.

8.4 If the City, pursuant to paragraph 8.2, suspends the performance of all or any part of the Work, the

Contractor may make application for an adjustment in Contract Time and/or Contract Price, as applicable.

PART 9

9. SECTION I-5 CITY’S RIGHT TO CARRY OUT THE WORK

9.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to any other remedies it may have, initiate and complete the necessary work to cure such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to Contractor, the cost of correcting such deficiencies, including compensation for the any additional services of the City’s consultants made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City by way of reimbursement.

DIV 3 - 7 Contract Documents – Division III

PART 10

10. UNCOVERING THE WORK

10.1 If any portion of the Work should be covered contrary to the request of the City or contrary to requirements specifically expressed in the Contract Documents relative to inspection by…